Parkville, MD asked in Patents (Intellectual Property) for Maryland

Q: Hello my brother pass away recently and we had did a last will and testament before passed but my question is he had

a patent invented with Davison Invention in I explain that I have Power Attorney papers in Last will and Testament papers but I was told I have no rights to know what's going on with his product i don't understand companies r interested in his product does my papers mean anything do they have the right to keeps his patent in all the money he put into it and also we had the papers notary

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: The powers of attorney all terminate upon the death of your brother. Any assets owned by your brother would now be owned by his estate. When an estate is opened, the Personal Representative then has the legal authority to act with respect to any assets owned by the estate. If he owned the patent personally, in his name, then the patent would be an asset of the estate. However, if the patent is in the name of another company he had an interest in, or was otherwise subject to a written agreement, then there may be limitations imposed on what the estate can do. There are insufficient details in your question, and it is clear that you do not understand how to proceed or what is important to know. The person named under the will as PR of the estate needs to file the will along with a petition to open the estate and get appointed as PR by the court. The PR should retain a lawyer to assist in this matter. The lawyer for an estate does not get paid up front, but from estate assets with approval of the probate court. Therefore, hiring estate counsel should not cost you up front fees.

Cedulie Renee Laumann agrees with this answer

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.